WEBSITE TERMS OF USE

1. Binding Effect.

These Terms of Use are a binding agreement (this “Agreement”)
between you and Virtualitics, Inc. (the “Company”). By accessing the website located at www.virtualitics.com (the “Site”), you agree to abide by the terms of this Agreement, as they may be amended by the Company from time to time in its sole discretion. You agree that by using the site you represent that you are at least 18 years old and that you are legally able to enter into this agreement.

2. Privacy Policy

The Company respects your privacy and permits you to control the treatment of your personal information. A complete statement of the Company’s current privacy policy can be found by clicking the privacy Policy link on the Site. The Privacy Policy is expressly incorporated into this Agreement by this reference

3. No Warranties

The Company hereby disclaims all warranties. The Company is making the Site available “as is” without warranty of any kind. You assume the risk of any and all damage or loss from the use of, or inability to use, the Site. To the maximum extent permitted by law, Company expressly disclaims any and all warranties, express or implied, regarding the Site, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. The Company does not warrant that the Site will meet your requirements or that the operation of the Site will be uninterrupted or error-free.

4. Limited Liability

The Company’s liability to you is limited. To the maximum extent permitted by law, in no event shall the Company be liable for damages of any kind (including, but not limited to, special, incidental, or consequential damages, lost profits, or lost data, regardless of the foreseeability of those damages) arising out of or in connection with your use of the site or any other materials provided to you by the
Company. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.

5. Affiliated Sites

The Company has no control over, and no liability for any third party websites or materials. The Company may work with a number of partners and affiliates whose websites may be linked with the Site. Because neither the Company nor the Site has control over the content and performance of these partner and affiliate sites, the Company makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and the Company assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that the Company makes no guarantees about,
and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, the terms of this Agreement shall govern your use of any and all third party content.

6. Prohibited Uses.

The Company imposes certain restrictions on your permissible use of the Site. You are prohibited from violating or attempting to violate any security features of the Site, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Site, or any
associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by the Company in providing the Site. Any violation of system or network security may subject you to civil and/or criminal liability.

7. Copyright

All contents of Site are: Copyright © 2017 Virtualitics, Inc. All rights reserved.

8. Governing Law

The terms of this Agreement shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in Los Angeles County, California, USA in all disputes arising out of or related to the use of the Site.

9. Severability; Waiver

If, for whatever reason, a court of competent jurisdiction finds any term or condition in this Agreement to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

10. No License

Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by the Company or by any third party.

11. California Use Only

The Site is controlled and operated by the Company from its offices in the State of California. The Company makes no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Site should not be construed as the Company’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California.

12. Modifications.

The Company may, in its sole discretion and without prior notice, (a) revise this Agreement; (b) modify the Site; and (c) discontinue the Site at any time. The Company shall post any revision to this Agreement to the Site, and the revision shall be effective immediately on such posting. You agree to review the terms of this Agreement and other online policies posted on the Site periodically to be aware of any
revisions. You agree that, by continuing to use or access the Site following notice of any revision, you shall abide by any such revision.

13. Acknowledgement.

BY ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THE TERMS OF THIS AGREEMENT AND AGREE TO BE BOUND BY THEM.

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